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Posted on March 28, 2026 in White Collar & Fraud
In Arizona, fraud can be a civil cause of action, a crime, or both. The Arizona law that makes it illegal to use a fraudulent scheme is Arizona Revised Statutes (ARS) Section 13-2310.
A conviction for criminal fraud in Arizona is a Class 2 felony.
If you have been charged with engaging in a criminal fraudulent scheme in Arizona, the criminal defense lawyers at AZ Defenders can represent you. Call us at (480) 456-6400 at any time, or reach us online to speak with an experienced defense attorney and schedule a free initial case evaluation.
The operative language of ARS 13-2310 is in subsection A:
“Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.”
In Arizona, prosecutors and courts generally treat a scheme or an artifice as a crafted device, a trick, or a deceptive practice.
An artifice can be simple or complex. It can involve a lie or a misrepresentation of one or more material facts, or of failing to disclose a material fact.
Examples of an artifice include:
An important consideration in understanding how ARS 13-2310 applies to fraudulent transactions is to see how Arizona law defines a “scheme or artifice.” ARS 13-2310(E) states that a scheme or artifice to defraud is connected with depriving another person of the intangible right to receive honest services.
By contrast, ARS 44-1522, the Arizona Consumer Fraud Act, makes it illegal to engage in deceptive or unfair acts, including fraud, in the sale or advertising of merchandise.
The defendant must knowingly obtain a benefit through the scheme or artifice. A fraudulent scheme cannot be accidental or unintended; the use of the fraudulent pretense, representation, promise, or material omission of fact must have the purpose of gaining a benefit from the victim.
An element of an action for common law civil fraud is the victim’s reliance on a material misrepresentation of fact or the omission of a material fact. ARS 13-2310(B) removes this requirement for prosecution of a criminal case for fraudulently obtaining a service. The key elements the prosecution must prove are the obtaining of the benefit or service, and the use of a fraudulent scheme or artifice to obtain it.
Prosecutions for fraudulent schemes take many forms. Here are some common types.
Examples of insurance fraud include making false insurance claims, intentionally exaggerating claims, and submitting falsified documentation to support a claim.
Bank fraud occurs when a person uses a fraudulent scheme to commit a crime, such as loan fraud, check kiting, or misrepresentation to obtain credit or funds.
Examples of wire fraud include people engaged in schemes to call others while posing as agents of the Internal Revenue Service in efforts to obtain money, or fake technical support calls trying to persuade people to allow remote access to their computers, then stealing financial and personal data from those computers, or fake billing statements claiming that an online subscription is past due for payment.
Wire fraud is also a federal crime under 18 U.S.C. Section 1343.
Identity theft involves stealing someone else’s personal information to masquerade as that person and open or access bank or credit accounts. This can be done electronically, such as hacking into a company’s customer database, persuading you to give your debit or credit card information over the phone, or using a “skimming” device at a retail point of sale to steal your credit or debit card information.
Credit card fraud, the improper use or possession of a credit card belonging to another to buy services or goods, can be a variation of identity theft and can rise to fraudulent schemes.
Mortgage fraud occurs when a mortgage broker or real estate agent deceives a homeowner into obtaining a loan modification improperly, or when equity is skimmed from the homeowner.
Not all fraudulent schemes are subject to prosecution under ARS 13-2310. We have already seen how the Arizona Consumer Fraud Act applies to fraudulent schemes involving consumer goods. Here are some other examples of fraudulent schemes that are punishable under other Arizona statutes:
A conviction for engaging in a fraudulent scheme or artifice under ARS 13-2310 carries penalties under the Class 2 felony category. The penalties you can experience depend on whether the conviction is as a first-time offender or if you have prior alleged historical convictions.
A first-time conviction for engaging in a fraudulent scheme under ARS 13-2310 carries the following range of penalties:
If you have one alleged historical prior felony conviction, you are not eligible for probation.
Possible prison sentences are:
If you have two or more historical prior felony convictions, you are not eligible for probation.
Possible prison sentences are:
If the benefit the defendant received was $100,000 or more, then under ARS 13-2310(C), probation is not available, even if you have no prior felony conviction(s), and the “prison only” range must be served, unless released under specific statutory provisions.
Any felony conviction can result in a fine of up to $150,000 for each count.
You will also likely have to pay restitution.
A felony conviction can carry the following consequences in addition to the sentence imposed by the court:
The defenses to a fraudulent scheme charge can be broken down into two main types: challenging the elements of the crime and technical or procedural defenses.
Challenging the elements of the crime involves casting reasonable doubt on the prosecution’s case. Examples include:
Technical or procedural defenses include lack of probable cause to arrest you, violation of your Miranda rights, evidence obtained against you in violation of your rights to be free from unreasonable searches and seizures, and/or improper police chain of custody procedures with evidence.
Arizona law makes fraud criminally punishable in a wide variety of situations; fraudulent schemes under ARS 13-2310 are only one type. If you have been charged with engaging in any kind of fraud-related crime in Arizona, AZ Defenders can help you. Our criminal defense attorneys are experienced in defending against a wide range of fraud-related charges.
If you are convicted of a Class 2 felony for fraudulently obtaining services, it can result in a lengthy prison sentence, a massive fine, and the abridgement of some of your civil rights. If you are facing this kind of criminal prosecution, having experienced legal counsel is essential to securing the best possible outcome in plea negotiations or at trial.
Our attorneys have many decades of combined experience in criminal defense, and include former state, county, and city prosecutors. As board-certified specialists in Criminal Defense, several of our attorneys have met the rigorous standards set by the Arizona Bar Board of Legal Specialization. With so much at stake, make sure you have certified Criminal Law Specialists on your side.
Call AZ Defenders at 480-456-6400 or contact us online to speak with one of our experienced fraud attorneys for a free consultation today.